Covid-19: Faqs For Employers | Cleaver Fulton Rankin

With concern growing in relation how the COVID-19 outbreak will impact on businesses, we look at the most common issues for employers. Given the exceptional nature of the Coronavirus, advice may change and we will update this note accordingly.

What should we be doing to protect employees?

All employers have a duty to protect the health and safety of employees under the Health and Safety at Work (NI) Order 1978. From a practical perspective this means that employers should consider the following:

• Issuing employees with information in relation to the virus, the symptoms and latest advice in relation to minimising risk
• Providing hand sanitisers and tissues
• Reminding employees about good hygiene and handwashing practices
• Introducing a reporting procedure for anyone with concerns or symptoms
• Updating policies and procedures where necessary (homeworking, Data Protection)
• Updating employee contact details to ensure that all employees are contactable

Do we have to pay employees who self isolate?

Employees who self isolate and are unwell should be paid in accordance with normal sick pay arrangements.

Employees who self isolate and have no symptoms may be able to continue working remotely and should continue to receive full pay.

Employees who self isolate with no symptoms but who are unable to work from home may still be entitled to statutory or contractual sick pay. The UK Government has announced that Statutory Sick pay (SSP) will be payable from day 1 and that employees who have been advised by NHS 111 or a doctor to self-isolate, even if not showing symptoms, should receive SSP. Under the new measures, the Government will meet the cost for businesses with fewer than 250 employees of providing SSP for 14 days. Both the Labour Relations Agency and ACAS have advised that if employers offer contractual sick pay it is good practice to pay this also.

What should we do if employees refuse to come to work because they are concerned about getting the virus?

Having an open dialogue with employees will be key. If an employee has an underlying health condition that is a genuine cause for concern then an employer could suggest that they work from home if possible or use annual leave.

A blanket refusal to attend work without cause could become a disciplinary matter however employers should tread carefully and seek advice.

What should we do if the situation deteriorates and we have to close our office?

Employers should be planning for this possibility now and ensure that, where possible, staff can work remotely.

If staff cannot work remotely then some businesses may be facing a lay off situation. However, employers need a contractual right to lay off/place employees on short-time working without pay and employees may be entitled to a statutory guarantee payment. Helpful guidance is available from the Labour Relations Agency.

What should we do if schools and childcare facilities are closed with the result that employees have to stay at home to look after their children?

In this scenario, employees may not have a contractual right to pay. However, you could agree to a period of homeworking. Failing that, employees could request flexible working, annual leave or unpaid leave.

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